Dear Attorney,
I would like to seek advice on how to change my child's surname from their father's surname to mine. The child was born illegitimate, and I am not sure what the legal process entails in this situation. Could you please guide me through the necessary steps and requirements to achieve this? I would appreciate your assistance in clarifying the legalities involved.
Sincerely,
A Concerned Parent
Insights
In the Philippines, the change of surname of an illegitimate child from the father’s surname to the mother’s surname involves certain legal principles and procedures under the Family Code and relevant administrative laws. The applicable rules largely depend on whether the child has been acknowledged by the father and whether the use of the father’s surname was properly authorized.
Legal Basis for Surname Use
Under Philippine law, an illegitimate child is generally required to use the mother’s surname, except when the father voluntarily recognizes or acknowledges the child through the proper legal processes. The recognition can occur at birth, or afterwards through a public document or judicial proceeding. The key rule governing the use of a father’s surname by an illegitimate child is outlined in Article 176 of the Family Code, which states that an illegitimate child shall use the mother’s surname, unless the father acknowledges the child, in which case the child may use the father’s surname.
Procedure for Changing the Surname
Voluntary Recognition
If the father has acknowledged the child, and the child has been using the father’s surname, but the mother now wishes to revert to her surname, legal steps must be taken to effect this change. The first step is to file a petition for a change of name under Rule 103 of the Rules of Court. This petition is filed before the Regional Trial Court in the area where the child resides. The petition should include the reason for the change and other supporting documents, such as the child’s birth certificate, the parents’ identification documents, and any documents showing the acknowledgment or recognition by the father.Proof of Best Interest of the Child
The court will generally consider whether the name change is in the best interest of the child. While the law provides for the initial use of the mother’s surname in illegitimate cases, the court will review circumstances that warrant a change in the child’s name, especially if the father’s recognition is not in dispute. Any reason put forth must clearly show that the proposed change will benefit the child emotionally, socially, or in any other relevant aspect.Administrative Option
If no formal acknowledgment was made by the father (i.e., no legal documents affirming the use of the father’s surname), the process may involve a simpler administrative correction through the Local Civil Registrar under Republic Act No. 9048, which allows for clerical or typographical errors to be corrected in civil registry documents. This option, however, is subject to the Civil Registrar’s assessment and may apply only to minor errors or unrecognized use of a surname.
Role of the Court
If the surname has been legally used due to the father’s acknowledgment, changing it requires a judicial proceeding. The court will evaluate the reasons for the name change and determine whether it will serve the child’s best interests. The court order is required to direct the Civil Registrar to modify the birth certificate accordingly.
Conclusion
To change the surname of an illegitimate child from the father’s surname to the mother’s surname, the legal process generally requires a petition before the court. The steps may vary based on whether the father acknowledged the child and whether the father’s surname was legally used. For the petition to succeed, the mother must demonstrate that the change is in the best interest of the child.